Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1887-08-20
JUSTIN IS1ftfS WILL

Az sss0 - " - - sOs -"
di6seooce
Whea ths isue viii end Ssstsmsnt Of W.
la6o Juslin AshIsy Ws aamitesd 70 peUbate,
4 vas 70 al sppeaesnCss - 0ediuasy b.
qusaA sasy os sulaltmsat but The executoss
9 tsu1ly men of Law, found II Otlsrwsse Yet
tho viii Was drawn In the most approved
lbsm ol legal ast duly Wituessed, end 10
naw visible What was waatlng 70 giss u
lseaiityf
The iuposssnt pspsf VS. - sollows:-
al. justin Ashlsy, q G IN ehe coun:
y Of Coos, ssass Of Iilinc's, 1sins q so1ac ne
uucSrteinty Of thic fruil snd transitoFy lie,
% therefore pubitsh and declare this 70 10
ny lese will and tsstamsut tiMe l order
end dar:c tas: ~ sxscS;Ss S srsco
= soon a1tsf my decsaas - convsnientiy
may b. second Attef suc1 payment l
give, devise, sud bequeath oil ne properly,
real and personal, end effects Al every name
seed oi, or may b emitted %, 70 the
nephew OF nOph0wn h0roin named, who may
survive me Harold Ashley eud Carl for0)
The said essase, should both nePhews sur.
,s. s,.: T s:. e .,s Ss .sS :Sr: :s:ss:
herein named Harold Ashley % colo sur.
vivor, 10 him l bequeeth the entire proper.
y, excluding oil other heirs Lastly: !
make, constitute, snd apPclns Ia, lsisyssss v , Neil
msnt hereby rsvoking ell former Wills ~
me msdo. IL witness whereof, ! have here.
unto subscribed my name ana eihxed my
seai, tho fourth day Of October, In tho year OF
our Lord one thousand eight hundred and
eighty. y.throe.
This instrument Wss signed BY Justin
Ashley on the day Of the date thereof was
published and declared BY the said teststor
20 bo his Isst will aud testament In the
presence Of John West and Paul More
The will was drawn BY weli.known law
yer and msds valid BY the required sigus-
lures. wss duly acknowledged, and the ex-
ocutor instructed TO carry out the wishes Of
the decoased,-a matter apparently Of easy
fulnliment But with this charge was given
tho lawyer . package Of letters directed TO
tho lats Justin Ashley. accumulstedlsin his
these was destined ~ hold an important place
in the settlement OF tho will. II was dated
"New York, Do. T." and IVES ~ fol-
lows:
To JUSTIN ASHLEY, ESQ.
Dear Sir 1T 10 my painful duty to an
nounce IN you the death OF your nephew,
Mr.. Carl Ford, which occurred today (Dec.
~, At his late residence in Brooklyn.
EssRs,''SSy sHS %S.o M, ssi A'S.s S.s S1
he realized the full import OF the com mum.
cation. December fourth, F" he repeated
musingiy ga remarkable coincidence, the
two deaths occurring upon the same day
Yet l fancy 1t one easily answered, y he con.
tinued, ~ replacing the letber In its en-.
vslOpe he seated himself st his desk and pro.
ceeded 70 make the necessary inquiry: At
what hour had occurred the death Of the late
Mr.. Ford7 TO which in due course OF mail
came the following reply:
"Thas the exsct tune OF the demise ~
somewhat uncertain, the physicau's note
book (th0 physician himself having sailed
for Europe) testifying that II had occurred at
4 O'Clock D. NJ; while the nurse OF the de-
ceased confidently plsced 1t at o'clock or
thereabOut. F"
The death Of the late Justin Ashley, It was
positively stated, had taken place at precise
IL half-past live; aud 1t was obviously ne
oesssry 70 prove beyond question the prior.
ity OF demise in the two cases, In order 70
rishtiully carry out the instructions regard
The late Carl Ford. who was . wido wer,
had left ono son, who was naturally dssirous
Of proving his father survivor OF the late
Justin Ashley, in which event one
half OF the vast property In question would
revert 70 him while Harold Ashley, on ;ne
tie reverse, which would make hun sole
heir to the deceased uncle. Aud the all-im-
portant result depended upon . question OF
time
Disliking all unnecessary litigation, Mr..
Neil, the executor, sought to learn the truth
and have the matter quietly settled without
the labor and expense OF lawsuit. But I'M
two claimants, Harold Ashley and Carlton
Ford, would only to satisfied with an aPpea
TO the courts OF Justice and the case was Do
for hearing on the second day of February
lss4..Csrlton Ord % inE ING, inS!insa, S, Sven e1
proved, 70 contest the " Ill ON plea OF its In
justice. A.,
friends of those involved, ~ well a. by the
tn shnu 4 ha III
was at least uncommon and the courtroom
WAS filled with an eager and expectAn'
throug on the day appointed Tor the trial.
The case being called, jury was impaneied
plaintiff, followed by like presentation for
the defense; aiier which the witnesses were
summoned in order.
The first evidencs for the plaintiff Wa
given by ALVIN Dale, nurse to tue iste Sari
L dismissed by the physician In attendance, ne
WAS passing through the ball ss the cloci
| struck five, and distinctly SAW tnrougu tnt
| slightly opea door OF Mr.. Ford's room the
/ deceased raise his hand, thus proving MIN Q
/ that hour to have been alive.
Here followed the cross-sxsm ination.
"Csn there be no mistake In your testl
monyf'"
"Did the deceased speak when raising hi
hand, or did the movement seem TO indicate
Q communication ?"
"No, sir should say II was involuntary
| perhaps owing to s.pArOxysm OF pain
You said the hysioan WAS present ~ IN
time what was he d0ingf"
~ cannot say he stood at the bedside sp
parently occupied with the patient, yet "a
dressing no remarks to him."
Further inquiry failed to develop an ythin
of Importance
Mrs Rschel Ray, lsudiady to the deceased
/ who was next called, testified that ~ Hual
ter pest tivs she had taken some no1rist
ment to the invalid's room, but the doclt
| had told her 1t WAS not needed. She did NJ
| enter the room, but was outident that sf
| noticed slight movement Of the figure upo
| the bed 90 she stood ct the door. An
| cross exsmiustion failed TO give any u
| tional information. ~
Prescott Day, an assistant OF the attend ~
physician, being duly sworn, testified
shortly after Ave he had come TO the room
/ the late Mr.. Ford with Q message Tor
doctor. Did not enter the apartment; but
the physician had stepped away from Il
| bedside to receive his message at the doo
noticed slight tremor pass over the form
the deceased.
At this point in the proceedings the o
J / element in the courtroom was Intense, ~
the msjority OF these present had accept
the case won for the plaintiff. How could
. | be otherwise, whom, according to the tes
] | mony OF the three witnesses, II was prov
that the lata Carl Ford survived his uncl
and was consequently one OF the heir
Why further discuss the matter! Yet
opposition claimed Q hearing and at
mo,nent OF opening the defense, when I
u | cItsment was at its height DR.. Blank,
q | physician who had attended the late q
i | Lcn.1 unov nartaf}lv appear6d in the COu